Ontario Dental Assistants Association v. Canadian Dental Association,  2013 FCA 279

The Canadian Dental Association had successfully opposed the Ontario Dental Assistants Association from registering the certification mark “CDA”. This decision was appealed to the Federal Court where they lost again, and now the Court of Appeal has also dismissed their appeal. The Court of Appeal found it was reasonable for the Federal Court Judge to find that the mark had not been used as claimed and that the mark was not distinctive because CDA had become sufficiently known as a reference to the Respondents.